N.Y. Public Health Law § 3003: Regional emergency medical services councils

§ 3003. Regional emergency medical services councils. 1. The

commissioner, with the approval of the state council, shall designate

regional emergency medical services councils on or before January first,

nineteen hundred seventy-eight but in no event shall the number of

regional councils exceed eighteen. Such regional councils shall be

established on the basis of application for designation as regional

councils submitted by local organizations, the members of which are

knowledgeable in various aspects of emergency medical services. Such

application shall describe the geographic area to be served and contain

a list of nominees for appointment to membership on such regional

councils and a statement as to the proposed method of operation in such

detail as the commissioner, with the approval of the state council,

shall prescribe.

1-a. Each regional emergency medical services council shall advise the

state emergency medical services council and department on such issues

as the state emergency medical services council or department may

require, related to the provision of emergency medical service,

specialty care, designated facility care, and disaster medical care, and

shall carry out duties to assist in the regional coordination of such,

as outlined by the state emergency medical services council with

approval of the department.

2. Each regional council shall be comprised of at least fifteen but

not more than thirty members to be initially appointed by the

commissioner, with the approval of the state council, from nominations

submitted by local organizations applying for establishment as the

regional council. Not less than one-third of the membership of the

regional councils shall be representatives of ambulance services and the

remaining membership of the regional councils shall consist of, but not

be limited to, representatives of existing local emergency medical care

committees, physicians, nurses, hospitals, health planning agencies,

fire department emergency and rescue squads, public health officers and

the general public. The county EMS coordinator, established pursuant to

section two hundred twenty-three-b of the county law, of any county

within the region shall serve as an ex officio member of the regional

council; provided, however, nothing in this subdivision shall prevent a

county EMS coordinator from serving as a voting member of a regional

council. Members of each regional council shall be residents living

within the geographic area to be served by the regional council. The

presence of a majority of members shall constitute a quorum.

3. Each regional council shall have the power to:

(a) have a seal and alter the same at pleasure;

(b) acquire, lease, hold, and dispose of real and personal property or

any interest therein for its purposes;

(c) make and alter by-laws for its organization and internal

management, and rules and regulations governing the exercise of its

powers and the fulfillment of its purposes under this article; such

rules and regulations must be filed with the secretary of state and the

state EMS council;

(d) enter into contracts for employment of such officers and employees

as it may require for the performance of its duties; and to fix and

determine their qualifications, duties, and compensation, and to retain

and employ such personnel as may be required for its purposes; and

private consultants on a contract basis or otherwise, for the rendering

of professional or technical services and advice;

(e) enter into contracts, leases, and subleases and to execute all

instruments necessary or convenient for the conduct of its business,

including contracts with the commissioner and any state agency or

municipal entity; and contracts with hospitals and physicians for the

purposes of carrying out its powers under this article;

(f) undertake or cause to be undertaken plans, surveys, analyses and

studies necessary, convenient or desirable for the effectuation of its

purposes and powers, and to prepare recommendations and reports in

regard thereto;

(g) fix and collect reasonable fees, rents, and other charges for the

use of its equipment and the provision of its services;

(h) contract for and to accept any gifts or grants, subsidies, or

loans of funds or property, or financial or other aid in any form from

the federal or state government or any agency or instrumentality

thereof; or from any other source, public or private, and to comply,

subject to the provisions of this article, with the terms and conditions

thereof; provided, however, that the councils may contract for payment

of debt evidenced by bonds or notes or other evidence of indebtedness,

either directly or through a lease purchase agreement;

(i) recommend to the department approval of training course sponsors

within its region, and to develop, promulgate and implement annually an

EMS training plan which addresses the needs of its region;

(j) enter into contracts or memoranda of agreement with other regional

councils to provide services in a joint or cooperative manner; and to

enter into contracts or memoranda of agreement with an EMS program

agency to carry out one or more of its responsibilities under this

article;

(k) procure insurance against any loss or liability in connection with

the use, management, maintenance, and operation of its equipment and

facilities, in such amounts and from such insurers as it reasonably

deems necessary;

(l) approve regional medical advisory committee nominees;

(m) provide focused technical assistance and support to those

voluntary ambulance services operating under exemptions, to assist such

services in progressing toward the uniform standards established

pursuant to this section. Such assistance and support shall include, but

not be limited to, volunteer recruitment and management training; and

(n) do all things necessary, convenient and desirable to carry out its

purposes and for the exercise of the powers granted in this article.

4. Each regional council shall have the responsibility to coordinate

emergency medical services programs within its region, including but not

limited to, the establishment of emergency medical technician courses

and the issuance of uniform emergency medical technician insignia and

certificates. Such training courses shall be made available by video or

computer to the maximum extent possible.

5. The regional council shall have the responsibility to make

determinations of public need for the establishment of additional

emergency medical services and ambulance services and to make the

determinations of public need as provided in section three thousand

eight. The regional council shall make such determination by an

affirmative vote of a majority of all of those members consisting of

voting members.

5-a. The regional emergency medical services council is authorized to

grant an exemption from the staffing standards set forth in section

three thousand five-a of this article to a voluntary ambulance service

operating solely with enrolled members or paid emergency medical

technicians which has demonstrated a good faith effort to meet the

standards and is unable to meet such standards because of factors deemed

appropriate by the regional council. An exemption shall be for a period

not to exceed two years and shall be conditioned on the participation by

the voluntary service in a program to achieve compliance which shall

include technical assistance and support from the regional council

tailored to the needs and resources at the local level, as provided by

paragraph (m) of subdivision three of this section, to be funded by the

New York state emergency medical services training account established

pursuant to section ninety-seven-q of the state finance law, such

account as funded by a chapter of the laws of nineteen hundred

ninety-three. Nothing shall prevent the regional council from issuing

subsequent exemptions. Such exemptions shall have no effect whatsoever

on the insurability of the organization receiving such exemption and

such exemption shall not be used as a basis for increasing insurance

rates or premiums related thereto, notwithstanding any other provision

of law, rule, regulation, or commissioner's ruling or advisory to the

contrary. Prior to issuing an exemption, the regional council shall

provide written notice by certified mail to the chief executive officers

of all general hospitals and municipalities in the county or counties

within which the service requesting an exemption operates. Such notice

shall provide opportunity for comment on the issuance of the exemption.

Notice of the determination of the regional council shall be provided

within ten days of the determination to the applicant, the department,

and any party receiving notification of the application who requests

notice of the determination. The applicant, the department, or any

concerned party may appeal the determination of the regional council to

the state council within thirty days after the regional council makes

its determination.

6. The term of office of members of the regional council shall be four

years, except that of those members first appointed, at least one-half

but not more than two-thirds shall be for terms not to exceed two years.

7. Each regional council shall meet as frequently as its business may

require.

8. The commissioner, upon request of the regional council, may

designate an officer or employee of the department to act as secretary

of the regional council, and may assign from time to time such other

employees as the regional council may require.

9. No civil action shall be brought in any court against any member,

officer or employee of any designated regional council for any act done,

failure to act, or statement or opinion made, while discharging his

duties as a member, officer or employee of the regional council, without

leave from a justice of the supreme court, first had and obtained. In

any event such member, officer or employee shall not be liable for

damages in any such action if he shall have acted in good faith, with

reasonable care and upon probable cause.

10. (a) The department shall provide each regional council with the

funds necessary to enable such regional council to carry out its

responsibilities as mandated under this section within amounts

appropriated therefor.

(b) Such funds shall be provided upon approval by the department of an

application submitted by a regional council. The application shall

contain such information and be in such form as the commissioner shall

require pursuant to rules and regulations which he shall promulgate

after consultation with the state council in order to effect the

purposes and provisions of this subdivision.